Managing Employee Conduct and Performance -recorded half-day online conference

You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairperson, a panel of experts, presentations and discussion.

Session 1: Big Brother in the Workplace: Out of Hours Conduct in the Spotlight

Long gone are the days when work was work and whatever a person did after leaving their place of employment was private and personal. Increasingly, out of work behaviour is being scrutinised and where considered to be inappropriate, can lead to disciplinary action or termination of employment.

This session will look at the changes in the nature of the employment relationship and cases which have set the boundaries for employee behaviour, including:

• When does work end and private life begin? Finding and defining the tipping point

• Social media: Ranting, posting and tweeting: is it ever OK to criticise your boss?

• Out of hours social events and office romances

• What are the interests of the employer and how far do they extend?

• Remedies and case studies, including rugby player Israel Folau; Sydney University lecturer Dr Tim Anderson

• Proactive management: policies, codes of conduct, contracts and training

Session 2: Workplace Investigations: Dotting the “i’s” and Crossing the “t’s”

The importance of investigations in supplying thorough and credible evidence of wrong doing cannot be underestimated. Whether an investigation is into a complaint of misconduct, adverse action, harassment and bullying or some other workplace activity, having a sound, thorough and transparent process should be the ultimate aim. In this highly practical session, you will learn how to conduct or manage an investigation process and the key elements to achieving an outcome which can be relied on to support disciplinary or other action. Subject matter covered will include:

• Informal or formal? Assessing the response to a complaint and the nature of any investigation

• Appointing an investigator: when to go external?

• Setting the terms of reference and parameters: the role and responsibilities of the investigator and the subject of the investigation

• Keeping the complaint and investigation confidential

• Managing and protecting the complainant and/or witnesses, WHS and wellbeing issues

• Record keeping and evidence management

• Minimising risks of industrial action or adverse action

• Investigations and scope of legal professional privilege

• Compliance with relevant legislation and standards: privacy, whistleblowers, protected disclosure, award provisions, administrative law principles

• Reports, recommendations and outcomes

• Case study: Dealing with a reluctant complainant – what are your obligations?

Session 3: Mental Health and Managing Employee Performance

Performance managing an employee who has a mental illness is complex. Employers need to walk a tightrope between anti-discrimination laws and work, health and safety laws. How can an employer best manage its obligations when performance managing employees with mental illnesses?

• Implementing strong policies and procedures
• Providing appropriate training to key personnel regarding mental health
• Minimising harm to vulnerable employees when applying disciplinary procedures
• Employer’s obligations to provide support to mentally ill employees
• Impact of extended leave on the performance management process
• What if the alleged misconduct was the result of an employee’s mental illness? Does this provide a defence to the alleged misconduct?
• What if the employer was not aware of the mental illness when reviewing the alleged misconduct?
• Case law update